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Massachusetts Paychecks: What you need to know

Wages include salaries, commissions (when their amount has been definitely determined and they are due and payable), tips, and holiday and vacation pay (earned under an oral or written agreement). An annual bonus is not considered wages when it has a contingency attached, such as continued employment.
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Waivers not permitted. No employer may exempt itself from the requirements of this law by entering into special contracts with employees or by any other means.
All tips must be kept by the employee or shared through a valid tip-pooling arrangement (MA Gen. Laws Ch. 149 Sec. 152A). Tipped employees must be notified of the law. The Massachusetts Supreme Court has ruled that a service charge imposed by a business in lieu of a tip must be paid to the individual providing the service (DiFiore v. Am. Airlines, Inc., 454 Mass. 486 (2009)). The employees in this case were skycaps who worked at the airline's terminal, but were employed by a staffing company that had a contract with the airline for skycap services. The airline imposed a service charge for each piece of luggage checked by a skycap, but argued that it did not owe any portion of the money to the skycaps because they were employees of the staffing company, not the airline. The court ruled that the law was intended to ensure that individuals providing a service receive the tips, gratuities, and service charges that customers intend for them to receive, regardless of whether they are direct employees or contract workers.
Most employees who work 5 or 6 days per week must be paid weekly or biweekly, within 6 days of the end of the pay period in which the wages are earned (MA Gen. Laws Ann. Ch. 149 Sec. 148).
Employees who work 7 days per week must be paid ...

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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